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Employment Law

St. Augustine florist sues over manager’s wilting remarks

10/01/2007

When Michaels, a chain of arts-and-crafts stores headquartered in Irving, TX, transferred manager Daniel Zimmerman into its St. Augustine store, upper management received numerous complaints from staff about his rudeness. Joseph Lewis, a floral designer suing the company for age and gender discrimination and retaliation, said employees began “dropping like flies” after Zimmerman joined the store …

Never on Sunday if employee claims religious need

10/01/2007

The U.S. Justice Department recently settled a complaint with Palm Beach County to accommodate a park ranger’s request to be given Sundays off so he could attend church and obey the rules of his religious faith …

Gambling-Addiction defense fails Palm Beach embezzler

10/01/2007

Donna Duffer, former Palm Beach County Convention and Visitors Bureau controller, blamed a gambling addiction for her embezzlement of $1.6 million from the bureau. The theft, uncovered last fall, left the bureau’s budget in tatters and cost some staffers their jobs. Duffer stole withholdings from employee paychecks, leaving many employees holding the bag for back tax bills …

NASA employee shoots the moon on company credit card

10/01/2007

NASA recently found its accounts short by more than $157,000. Elizabeth Osborne, a 31-year NASA veteran, used her NASA-issued bank card to make more than 436 personal purchases in Tampa area stores between 2001 and 2005 …

Hispanic manager cannot object to diversity report

10/01/2007

Eduardo Padilla, an information technology manager for the North Broward Hospital District, filed a discrimination and retaliation lawsuit alleging he was laid off because he was Hispanic …

The smoke-Free workplace: complying with Florida law

10/01/2007

Florida employers were required to have smoke-free workplaces since the mid-1980s, but the state recently amended the Florida Clean Indoor Air Act to comply with the Florida Health Initiative. The law prohibits smoking in an “enclosed indoor workplace” with the exception of …

Immigration: Know your ‘Border guard’ responsibilities

10/01/2007

Together, the Immigration and Nationality Act of 1952 and the Immigration Reform and Control Act (IRCA) of 1986 govern U.S. immigration policy. IRCA was amended in 1990. With each new law, employers gain new responsibilities. For each new employee hired, U.S. employers must complete a Form I-9, Employment Eligibility Verification. The I-9 establishes the employee’s identity and his or her legal work status. Employers can hire only those who are eligible to work legally in this country …

When disciplining employees, pick one reason and stick with it

10/01/2007

Nothing raises suspicion among judges and juries more than inconsistent explanations. For example, shifting reasons for firing someone can backfire. You’re courting trouble if the employee filed a discrimination claim with your HR office or the EEOC or sued your organization before being fired. The key to a clean discharge—especially when the employee has filed discrimination charges—is picking a legitimate reason for firing the employee and sticking with it …

No right to full pay for light-Duty work

10/01/2007

Some employees qualify for FMLA leave because they have a temporary medical problem that prevents them from performing their usual job. Often, they’ll elect to accept a light-duty position instead of taking 12 weeks’ unpaid leave.
Light-duty jobs often come with a lower paycheck, presumably because so many of those positions are really “make-work” jobs typically used to accommodate on-the-job injuries. What happens if the employee elects light duty and demands his or her regular pay? Does he or she have that right under the FMLA? Not according to the 7th Circuit …

Tell managers: No paternalistic protection allowed

10/01/2007

Check patronizing attitudes—and comments—at the workplace door. Protective attitudes have no place at work and even a comment or two may spur on a sex-discrimination lawsuit. That’s why HR must tell managers and supervisors: Lay off the “I know what’s good for the delicate sex” comments. They are direct evidence of sex discrimination and a sure way to court …